Right Of Remediation

kghome

Ok- This one is complicated, but i will try to keep it simple. We are a small (2) design /build company. Did a complex $12,000 job. Client didn't think the job was done properly, so she had another contractor rip it all out and do it over. This was a part of a larger hurry up and get it done job. We did NOT get a contract for this part which was the only construction part of the job. Decorating was the majority of the work- curtains, lighting etc.. She is now suing us for $22,000 saying that this is what it cost her to "fix" it. Lawyers are already involved, however, I was wondering if anyone knows of a precedent where a contractor or tradesman has a right to fix a problem to a customers satisfaction, before being locked out. We are in New York state. Forget ethics at this point. These are rich arrogant people who think they are entitled to do what they please. Just wondering if anyone has tackled the right of remediation problem without a contract. ken

yes - mistakes were made, they were truly mistakes and fixable. This job was done with the utmost care, its just that sometimes s--- happens.

CScalf

A. Put your location in your profile
B. Please give us an introduction
C. You had no contract wtf?

__________________
"Your problem does not constitute an emergency on my part"

kghome

I / we know that no contract was really really really stupid.

jhark123

Are you licensed? They NEVER notified you that they had a problem?

kghome

yes we are licensed. and no they never notified us of a problem and they are paid up.

Tscarborough

Lawyer up or pay up. No contract=chit out of luck. You may as well pay up as the lawyer is going to cost a lot more than 22 big.

__________________
It ain't Rocket Science unless you are building rockets.

CScalf

Ya think?

__________________
"Your problem does not constitute an emergency on my part"

lavrans

No contract, pay the $22k. That's an expensive lesson, but everyone gets one of those at some point- it's the no contract, not good enough contract, not paying attention, whatever. Hope they at least have already paid you for the design services...

If you have a contract they would be required to allow you to try to repair the problem. I'd think their backcharge is excessive; if you supplied samples and drawings they had an idea of what you were proposing, and deciding after the fact that they don't like the aesthetics, well, that's tough, and though they may have a case for some remuneration, I wouldn't expect it would be more than a percentage of your contract with them.

How was your communication during design and their build- it sounds like you weren't very involved during the actual project- I think part of the lesson might be to stay in contact with the client while your design is actually being built so you have some notice that something is going wrong before they have time to finish, come up with another design, hire someone to pull your idea and install theirs.